With vehicle tracking use, back in May this year we wrote a detailed post that looked at the different types of technology that is used in vehicle tracking devices, we are going to build on that this week by looking at the circumstances where it will be useful and the guidelines that should be followed.
Vehicle tracking use can be a complicated and contentious issue. Why and how can this technology be useful? As we often work with solicitors, this post has been geared to understanding how they can ethically use vehicle tracking and the scenarios that where this technology can be a great addition to the evidence compilation on behalf of a client, however the information is useful to anyone who is considering using this using tactic.
Guidelines
- You should ask your legal advisor for advice before adding a vehicle tracker to the car of an employee to ensure that you are operating within the law.
- Include a section in the employee contract or handbook that states if and when a company vehicle is used a tracking device may be fitted. This will ensure that if you don’t have them at the start of the contract, should you decide they have become necessary you can then put them in and the employee can’t claim that they were unaware of the possibility that this would happen.
- The driver or owner of the car must be aware that a vehicle tracking device is being used to monitor their whereabouts.
Scenarios
Vehicle tracking use, as a legal support service, can form an important part of both commercial and private investigations:
- You suspect an employee of being untruthful about the amount of miles that they have filled in on their expense claims or that an employee is using the vehicle for journeys that are not related to the work you are paying them for. This can be a big problem depending on the insurance policy that you have in place on the vehicle because it may only cover work related journeys. There are also costs that are involved with the extra wear and tear of the vehicle if the employee is doing a lot of mileage, which could be for another employer or even just personal use. Depending on the type of device used, it will be able to provide reports detailing the speed of the vehicle and the duration of any stop wherever it’s location. Surveillance that is supported by this technology is often cost effective.
- In matters of the heart, a verbal report is rarely enough. Physical evidence is often needed for the injured party to eradicate doubt that that they have been betrayed. GPS devices used in vehicle tracking can be accurate with the location of the vehicle to a few metres. Most devices used by private detectives will be able to provide real time reports that would be available as email or printed hard copies to the client. On the other side of the coin, if the breakdown of a relationship has been acrimonious and a restraining order has been granted to either the husband or wife, the person with the restraining order against them can use a vehicle tracking system to prove that they were not where they are accused of being, to avoid malicious accusations.
Once again here at Alpha 1 Legal Services we take this opportunity to remind you that all instances of vehicle tracking must be carried out within the legislation of the country you are operating in.